Record Seal and Expungement requests
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Record Seal and Expungement Requests

Sealing And Expungement Of Arrest And Conviction Records

On July 1, 2013, the sealing and expungement law  went into effect which permits the expungement and sealing of:

More detailed information on these provisions and how to file a petition under this law in Marion County is available on the Marion County Clerk's website. These provisions only apply to arrests and convictions which occurred in the state of Indiana.

Role of the Prosecutor

The Prosecutor does not have the ability to seal an arrest or conviction record, expunge a criminal record, or modify a sentence. Only a Court has the ability to order those events.

Under the provisions of this statute, the Prosecutor is required to be served with copies of these petitions.

The Prosecutor is required to:

  • Reply to the Court the position of the Prosecutor on the petition;
  • Provide written consent if the Prosecutor consents for the petition to be filed earlier than the statutorily required time frame;
  • Provide written consent for a petition to be filed under section IC 35-38-9-5.
  • Any requests must be made in writing to:

    Marion County Prosecutor
    251 East Ohio Street, Suite 160
    Indianapolis, IN 46204
    Attn: Expungement Committee

    Filing a Petition

    Petitions must be filed in compliance with the provisions of statute in the jurisdiction (county) in which the arrest and/or conviction was entered.

    Requests for Early Filing

    To be considered to receive consent for permission to file for early expungement, the Prosecutor's Office must receive the following information with the request:

    • The cause number of each conviction in Marion County and the date of each conviction;
    • Written information that demonstrates the individual is in compliance with all of the provisions of IC 35-38-9-8;
    • Written information that the individual is in compliance with the provisions of IC 35-38-9-2 or 3 or 4 or 5 except for the time frame requirement. The information required depends on the statutory section under which relief is being sought; 
    • Proof that all Court ordered fines, costs, fees and/or restitution have been paid in fullfor all convictionsin Marion County; and
    • A written statement from the person requesting consent to file for early expungement explaining why the consent request should be considered.

    Once this information is received, it will be reviewed by our Expungement Panel and a notification of the position of our office will be returned to the requesting party.

    Resources

    The Prosecutor’s office cannot provide any legal advice on how to file a petition. However, the following is a list of resources that may provide useful information.

    Filing Of Petitions: For information on filing procedures and filing fees in Marion County, contact the Marion County Clerk’s Office
    http://www.indy.gov/eGov/County/Clerk/criminal/Pages/Second-Chance-Law.aspx
    (317) 327- 4740


    Statute: IC 35-38-9-1 through 12 (HTML) (PDF)


    Forms: The State Court Administrator’s Office has posted on its website information and forms related to the Expungement Law.
    http://www.in.gov/judiciary/2706.htm


    Attorney Referral: (NOTE: There may be other organizations that will provide free or lower cost legal services. This is not intended to be a complete list.)


    The Indianapolis Bar Association Lawyer referral service
    http://www.indybar.org/community/lawyer-referral-service​
    (317) 269-2222

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    Indiana Legal Services, Inc.
    http://indianalegalservices.org
    (317) 631-9410


    Neighborhood Christian Legal Clinic
    http://www.nclegalclinic.org
    (317) 429-4131

    The above is provided for informational purposes only and should not be considered legal advice.

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